self-incrimination definition

Being forced or coerced to testify against oneself. Self-incrimination is prohibited by the Fifth Amendment to the United States Constitution.

Note: Under this principle, a person may choose (given certain restrictions) to “take the Fifth,” refusing to testify in court or before a legislative or executive committee.

Note: Prohibiting self-incrimination not only helps guarantee due process of law, but also maintains one of the basic principles of American law by putting the burden of proof on the prosecution. (See also <i>Miranda</i> decision.)